Provision of change management and organizational culture consulting services for the railway safety regulator

The Railway Safety Regulator (RSR) requires a service provider to develop and implement a comprehensive Organizational Culture Framework and a practical Change Management Framework. The frameworks must align with RSR’s strategic objectives, define target culture, and guide behaviors, ethical conduct, and values for all stakeholders. The Change Management Framework must support the Media and Communications Department in implementing the new RSR Strategic Plan and transitioning to an enhanced regulatory and operational model. The scope extends to external change management, ensuring regulated entities, industry stakeholders, and the broader rail ecosystem adopt regulatory and behavioral shifts introduced by the RSR.

Functionality criteria (100 points total, minimum 70 required to advance): 1) Company existence (10 points: <3 years=0, 3-6 years=5, >10 years=10). 2) Proven experience in Organizational Culture Framework development (15 points: 0/5/10/15 for 0/1/2/3 references; references must be <5 years old, signed, on company letterhead, with scope and contact details). 3) Proven experience in Change Management Framework development (15 points: same reference rules). 4) Quality of proposed approach (30 points: comprehensive=30, average=20, poor=10, none=0). 5) Project leader’s capacity (30 points: >10 years=30, 6-10 years=20, 4-6 years=10, 2-4 years=5, <2 years=0). Specific goals (20 points max): EME/QSE 51% black-owned=10, 51% black women-owned=5, 51% youth-owned=3, 51% disability-owned=2. Price evaluation: 80 points. Specific goals: 20 points. Governed by PPPFA 80/20 Preference Point System.

The service provider must develop frameworks that integrate nine interdependent RSR initiatives: revised Strategy, Railway Safety Act 2024, Organizational Structure, Human Capital Development Plan, NIIMS, Safety Risk Model (SRM), SMS Determination, Standards, and Safety Permit Fee Model. The Change Management Plan must enable stakeholder alignment, consistent messaging, and sustained adoption of new ways of working. The frameworks must support a fundamental shift in how the RSR regulates, governs, engages, and communicates rail safety. No explicit contract duration, termination clauses, or penalties are stated.

The service must include interventions to support mindset and behavior shifts, alignment with regulatory culture and values, and measurement of adoption and effectiveness. Industry-facing behavioral change interventions must improve compliance, safety culture, and accountability. Mechanisms must influence and reinforce behavioral change within regulated entities and stakeholders. External adoption, compliance, and behavioral change indicators must be linked to regulatory outcomes. Stakeholder perception and sentiment tracking mechanisms must assess industry alignment and confidence in the RSR.

The service provider must use a clear change management methodology (e.g., ADKAR model) and develop a phased change journey aligned with RSR’s themes: “Geared for Change” and “Let’s Journey Together.” The approach must include: Diagnostic and Assessment Phase (review documents, conduct assessments, facilitate stakeholder consultations, assess values, leadership, communication, morale, collaboration, change readiness, diversity, and accountability). Culture Plan Development (current/desired culture analysis, gaps/risks, objectives, interventions, roadmap, KPIs). Implementation Support (present findings, facilitate workshops, provide guidance, develop awareness material). Leadership and Change Enablement (executive alignment, sponsorship model, leadership-led communication). Behavioral Change and Adoption (mindset shifts, regulatory alignment, measurement). Stakeholder Identification and Segmentation (mapping, needs, tailored engagement strategies). Communication and Engagement Framework (aligned to RSR strategy, key messages, channels, differentiated messaging, education/awareness, capacity building). Post-plan support: 3 months of hands-on facilitation for leadership and executive-level initiatives.

Company existence: Points awarded based on years in operation (<3 years=0, 3-6 years=5, >10 years=10). Organizational Culture Framework experience: 15 points for proven experience in developing frameworks for large/complex organizations (0/5/10/15 for 0/1/2/3 references; references must be <5 years old, signed, on company letterhead, with scope and contact details). Change Management Framework experience: 15 points for proven experience in developing strategies/plans for large/complex organizations (same reference rules). Project leader’s capacity: 30 points based on years of experience in leading/implementing Organizational Culture and Change Management projects (>10 years=30, 6-10 years=20, 4-6 years=10, 2-4 years=5, <2 years=0). CVs must specify years/months of experience in detail.

The Railway Safety Regulator (RSR) requires a service provider to develop and implement a comprehensive Organizational Culture Framework and a practical Change Management Framework. The frameworks must align with RSR’s strategic objectives, define target culture, and guide behaviors, ethical conduct, and values for all stakeholders. The Change Management Framework must support the Media and Communications Department in implementing the new RSR Strategic Plan and transitioning to an enhanced regulatory and operational model. The scope extends to external change management, ensuring regulated entities, industry stakeholders, and the broader rail ecosystem adopt regulatory and behavioral shifts introduced by the RSR.

The Railway Safety Regulator (RSR) requires a service provider to develop and implement a comprehensive Organizational Culture Framework and a practical Change Management Framework. The frameworks must align with RSR’s strategic objectives, define target culture, and guide behaviors, ethical conduct, and values for all stakeholders. The Change Management Framework must support the Media and Communications Department in implementing the new RSR Strategic Plan and transitioning to an enhanced regulatory and operational model. The scope extends to external change management, ensuring regulated entities, industry stakeholders, and the broader rail ecosystem adopt regulatory and behavioral shifts introduced by the RSR.

The service provider must use a clear change management methodology (e.g., ADKAR model) and develop a phased change journey aligned with RSR’s themes: “Geared for Change” and “Let’s Journey Together.” The approach must include: Diagnostic and Assessment Phase (review documents, conduct assessments, facilitate stakeholder consultations, assess values, leadership, communication, morale, collaboration, change readiness, diversity, and accountability). Culture Plan Development (current/desired culture analysis, gaps/risks, objectives, interventions, roadmap, KPIs). Implementation Support (present findings, facilitate workshops, provide guidance, develop awareness material). Leadership and Change Enablement (executive alignment, sponsorship model, leadership-led communication). Behavioral Change and Adoption (mindset shifts, regulatory alignment, measurement). Stakeholder Identification and Segmentation (mapping, needs, tailored engagement strategies). Communication and Engagement Framework (aligned to RSR strategy, key messages, channels, differentiated messaging, education/awareness, capacity building). Post-plan support: 3 months of hands-on facilitation for leadership and executive-level initiatives.

The service provider must use a clear change management methodology (e.g., ADKAR model) and develop a phased change journey aligned with RSR’s themes: “Geared for Change” and “Let’s Journey Together.” The approach must include: Diagnostic and Assessment Phase (review documents, conduct assessments, facilitate stakeholder consultations, assess values, leadership, communication, morale, collaboration, change readiness, diversity, and accountability). Culture Plan Development (current/desired culture analysis, gaps/risks, objectives, interventions, roadmap, KPIs). Implementation Support (present findings, facilitate workshops, provide guidance, develop awareness material). Leadership and Change Enablement (executive alignment, sponsorship model, leadership-led communication). Behavioral Change and Adoption (mindset shifts, regulatory alignment, measurement). Stakeholder Identification and Segmentation (mapping, needs, tailored engagement strategies). Communication and Engagement Framework (aligned to RSR strategy, key messages, channels, differentiated messaging, education/awareness, capacity building). Post-plan support: 3 months of hands-on facilitation for leadership and executive-level initiatives.

The service provider must use a clear change management methodology (e.g., ADKAR model) and develop a phased change journey aligned with RSR’s themes: “Geared for Change” and “Let’s Journey Together.” The approach must include: Diagnostic and Assessment Phase (review documents, conduct assessments, facilitate stakeholder consultations, assess values, leadership, communication, morale, collaboration, change readiness, diversity, and accountability). Culture Plan Development (current/desired culture analysis, gaps/risks, objectives, interventions, roadmap, KPIs). Implementation Support (present findings, facilitate workshops, provide guidance, develop awareness material). Leadership and Change Enablement (executive alignment, sponsorship model, leadership-led communication). Behavioral Change and Adoption (mindset shifts, regulatory alignment, measurement). Stakeholder Identification and Segmentation (mapping, needs, tailored engagement strategies). Communication and Engagement Framework (aligned to RSR strategy, key messages, channels, differentiated messaging, education/awareness, capacity building). Post-plan support: 3 months of hands-on facilitation for leadership and executive-level initiatives.

The service provider must use a clear change management methodology (e.g., ADKAR model) and develop a phased change journey aligned with RSR’s themes: “Geared for Change” and “Let’s Journey Together.” The approach must include: Diagnostic and Assessment Phase (review documents, conduct assessments, facilitate stakeholder consultations, assess values, leadership, communication, morale, collaboration, change readiness, diversity, and accountability). Culture Plan Development (current/desired culture analysis, gaps/risks, objectives, interventions, roadmap, KPIs). Implementation Support (present findings, facilitate workshops, provide guidance, develop awareness material). Leadership and Change Enablement (executive alignment, sponsorship model, leadership-led communication). Behavioral Change and Adoption (mindset shifts, regulatory alignment, measurement). Stakeholder Identification and Segmentation (mapping, needs, tailored engagement strategies). Communication and Engagement Framework (aligned to RSR strategy, key messages, channels, differentiated messaging, education/awareness, capacity building). Post-plan support: 3 months of hands-on facilitation for leadership and executive-level initiatives.

The service provider must use a clear change management methodology (e.g., ADKAR model) and develop a phased change journey aligned with RSR’s themes: “Geared for Change” and “Let’s Journey Together.” The approach must include: Diagnostic and Assessment Phase (review documents, conduct assessments, facilitate stakeholder consultations, assess values, leadership, communication, morale, collaboration, change readiness, diversity, and accountability). Culture Plan Development (current/desired culture analysis, gaps/risks, objectives, interventions, roadmap, KPIs). Implementation Support (present findings, facilitate workshops, provide guidance, develop awareness material). Leadership and Change Enablement (executive alignment, sponsorship model, leadership-led communication). Behavioral Change and Adoption (mindset shifts, regulatory alignment, measurement). Stakeholder Identification and Segmentation (mapping, needs, tailored engagement strategies). Communication and Engagement Framework (aligned to RSR strategy, key messages, channels, differentiated messaging, education/awareness, capacity building). Post-plan support: 3 months of hands-on facilitation for leadership and executive-level initiatives.

A non-compulsory briefing session will be held via Microsoft Teams on 12 June 2026 at 11h00. Purpose: Clarify scope of work, expectations, and respond to bidder queries. Attendance is strongly encouraged due to the complexity and strategic importance of the programs. Confirm attendance by emailing [email protected] by 11 June 2026 at 10h00.

Administrative/Compliance Requirements: 1) Registration on National Treasury CSD report. 2) Comprehensive quotation (VAT inclusive). 3) Tax PIN and tax clearance certificate. 4) Fully completed and signed SBD forms. 5) Valid BBBEE certificate or sworn affidavit (with financial year period). 6) Valid CIPC registration documents. 7) Copy of the company owner(s)’ identity document. 8) Valid Medical Certificate (for disability-specific goals). 9) Valid SASSA registration (where applicable). 10) Valid NCPPDSA registration (for disability-specific goals). Failure to submit valid documents for specific goals (items 5-10) will result in no points awarded for those goals.

Functionality criteria (100 points total, minimum 70 required to advance): 1) Company existence (10 points: <3 years=0, 3-6 years=5, >10 years=10). 2) Proven experience in Organizational Culture Framework development (15 points: 0/5/10/15 for 0/1/2/3 references; references must be <5 years old, signed, on company letterhead, with scope and contact details). 3) Proven experience in Change Management Framework development (15 points: same reference rules). 4) Quality of proposed approach (30 points: comprehensive=30, average=20, poor=10, none=0). 5) Project leader’s capacity (30 points: >10 years=30, 6-10 years=20, 4-6 years=10, 2-4 years=5, <2 years=0). Specific goals (20 points max): EME/QSE 51% black-owned=10, 51% black women-owned=5, 51% youth-owned=3, 51% disability-owned=2. Price evaluation: 80 points. Specific goals: 20 points. Governed by PPPFA 80/20 Preference Point System.

Specific goals (20 points max) under the 80/20 Preference Point System: 1) EME/QSE 51% black-owned: 10 points. Proof: Copy of owner(s)’ ID, valid SANAS-accredited BBBEE certificate or sworn affidavit, CSD report, valid CIPC registration. 2) EME/QSE 51% black women-owned: 5 points. Proof: Same as above. 3) EME/QSE 51% youth-owned: 3 points. Proof: Same as above. 4) EME/QSE 51% disability-owned: 2 points. Proof: Same as above + valid Medical Certificate, SASSA registration (where applicable), NCPPDSA registration. Points are only awarded if valid proof of claim is submitted.

SCM contacts: Fumani Mabunda ([email protected] / 010 495 5391), Siphamandla Mbatha (010 495 5391). Project Manager: Celine Morolong ([email protected] / 010 495 5391). Submission email: [email protected].

Closing date and time: 19 June 2026 at 15h00. Non-compulsory briefing session: 12 June 2026 at 11h00 via Microsoft Teams. Confirm attendance by emailing [email protected] by 11 June 2026 at 10h00.

The Railway Safety Regulator invites bids for Change Management and Organizational Culture Consultants. Bidders must adhere to the principles of transparency, accountability, impartiality, and ethics as outlined in the Constitution of South Africa and relevant legislation. Submission must include a completed and signed Bidder Disclosure Form (SBD4).

The tender is for Change Management and Organizational Culture Consulting services. The scope is governed by the General Conditions of Contract (GCC), which outlines the rights and obligations of all parties involved in doing business with the government. The GCC applies to all bids, contracts, and orders, including professional services, unless otherwise specified in the bidding documents. Special Conditions of Contract (SCC) may supplement or override the GCC where applicable.

Contract duration and performance:

• Supplier must deliver goods and perform services according to the schedule prescribed in the contract.
• Delays must be promptly notified in writing to the purchaser, including the likely duration and cause.
• Purchaser may grant an extension of time, with or without penalties, ratified by a contract amendment.

Penalties and termination:

• Delays may result in penalties calculated at the current prime interest rate per day until actual delivery or performance.
• Purchaser may terminate the contract if delays persist, per GCC Clause 23.
• Termination for default may occur if the supplier fails to deliver goods/services or breaches other obligations.
• Purchaser may procure similar goods/services at the supplier’s expense if termination occurs.
• Restriction penalties may prohibit the supplier from doing business with the public sector for up to 10 years for corrupt or fraudulent practices.

Force majeure:

• Supplier is not liable for forfeiture of performance security, damages, or termination for default if delays result from an event of force majeure.
• Supplier must notify purchaser in writing of force majeure conditions and continue performance as far as reasonably practical.

Termination for insolvency:

• Purchaser may terminate the contract if the supplier becomes bankrupt or insolvent, without compensation to the supplier.

Settlement of disputes:

• Parties must attempt to resolve disputes amicably through mutual consultation.
• If unresolved after 30 days, either party may commence mediation.
• Disputes may be settled in a South African court of law if mediation fails.
• Parties must continue performing obligations under the contract during dispute resolution.

Limitation of liability:

• Supplier is not liable for indirect or consequential loss or damage, except in cases of criminal negligence, willful misconduct, or infringement of patent rights.
• Aggregate liability of the supplier shall not exceed the total contract price, except for the cost of repairing or replacing defective equipment.

Governing law and language:

• Contract shall be interpreted in accordance with South African laws.
• Contract and all correspondence must be written in English.

Notices:

• Written acceptance of a bid shall be posted by registered or certified mail.
• Other notices shall be posted by ordinary mail to the address provided in the bid.
• Time for performing any act after notice is reckoned from the date of posting.

Taxes and duties:

• Foreign suppliers are responsible for all taxes, duties, and levies imposed outside South Africa.
• Local suppliers are responsible for all taxes, duties, and levies incurred until delivery of goods to the purchaser.

Assignment and subcontracts:

• Supplier shall not assign obligations without the purchaser’s prior written consent.
• Supplier must notify purchaser in writing of all subcontracts awarded.
• Notification does not relieve the supplier from any liability or obligation under the contract.

Insurance:

• Goods supplied under the contract must be fully insured against loss or damage during manufacture, transportation, storage, and delivery.

Warranty:

• Supplier warrants that goods are new, unused, of the most recent models, and incorporate all recent improvements.
• Goods shall have no defects arising from design, materials, or workmanship under normal use.
• Warranty remains valid for 12 months after delivery or 18 months after shipment, whichever concludes earlier, unless specified otherwise in SCC.
• Supplier must repair or replace defective goods without cost to the purchaser upon notification.
• If supplier fails to remedy defects, purchaser may take remedial action at the supplier’s expense.

Quality assurance and inspection requirements:

• Supplier must ensure all goods and services comply with standards specified in the bidding documents.
• Pre-bidding testing costs are the bidder’s responsibility.
• Supplier’s premises must be open for inspection by the purchaser or its representatives during production or execution if required.
• Inspection costs are covered by the purchaser if supplies/services comply with contract requirements; otherwise, the supplier bears the costs.
• Non-compliant supplies/services may be rejected, and the supplier must remove and replace them at their own cost and risk.
• Purchaser reserves the right to inspect, test, or analyze supplies after delivery and reject non-compliant items.
• Supplier must permit purchaser to inspect records related to contract performance and allow audits if required.

The tender is for Change Management and Organizational Culture Consulting services. The scope is governed by the General Conditions of Contract (GCC), which outlines the rights and obligations of all parties involved in doing business with the government. The GCC applies to all bids, contracts, and orders, including professional services, unless otherwise specified in the bidding documents. Special Conditions of Contract (SCC) may supplement or override the GCC where applicable.

Contract duration and performance:

• Supplier must deliver goods and perform services according to the schedule prescribed in the contract.
• Delays must be promptly notified in writing to the purchaser, including the likely duration and cause.
• Purchaser may grant an extension of time, with or without penalties, ratified by a contract amendment.

Penalties and termination:

• Delays may result in penalties calculated at the current prime interest rate per day until actual delivery or performance.
• Purchaser may terminate the contract if delays persist, per GCC Clause 23.
• Termination for default may occur if the supplier fails to deliver goods/services or breaches other obligations.
• Purchaser may procure similar goods/services at the supplier’s expense if termination occurs.
• Restriction penalties may prohibit the supplier from doing business with the public sector for up to 10 years for corrupt or fraudulent practices.

Force majeure:

• Supplier is not liable for forfeiture of performance security, damages, or termination for default if delays result from an event of force majeure.
• Supplier must notify purchaser in writing of force majeure conditions and continue performance as far as reasonably practical.

Termination for insolvency:

• Purchaser may terminate the contract if the supplier becomes bankrupt or insolvent, without compensation to the supplier.

Settlement of disputes:

• Parties must attempt to resolve disputes amicably through mutual consultation.
• If unresolved after 30 days, either party may commence mediation.
• Disputes may be settled in a South African court of law if mediation fails.
• Parties must continue performing obligations under the contract during dispute resolution.

Limitation of liability:

• Supplier is not liable for indirect or consequential loss or damage, except in cases of criminal negligence, willful misconduct, or infringement of patent rights.
• Aggregate liability of the supplier shall not exceed the total contract price, except for the cost of repairing or replacing defective equipment.

Governing law and language:

• Contract shall be interpreted in accordance with South African laws.
• Contract and all correspondence must be written in English.

Notices:

• Written acceptance of a bid shall be posted by registered or certified mail.
• Other notices shall be posted by ordinary mail to the address provided in the bid.
• Time for performing any act after notice is reckoned from the date of posting.

Taxes and duties:

• Foreign suppliers are responsible for all taxes, duties, and levies imposed outside South Africa.
• Local suppliers are responsible for all taxes, duties, and levies incurred until delivery of goods to the purchaser.

Assignment and subcontracts:

• Supplier shall not assign obligations without the purchaser’s prior written consent.
• Supplier must notify purchaser in writing of all subcontracts awarded.
• Notification does not relieve the supplier from any liability or obligation under the contract.

Insurance:

• Goods supplied under the contract must be fully insured against loss or damage during manufacture, transportation, storage, and delivery.

Warranty:

• Supplier warrants that goods are new, unused, of the most recent models, and incorporate all recent improvements.
• Goods shall have no defects arising from design, materials, or workmanship under normal use.
• Warranty remains valid for 12 months after delivery or 18 months after shipment, whichever concludes earlier, unless specified otherwise in SCC.
• Supplier must repair or replace defective goods without cost to the purchaser upon notification.
• If supplier fails to remedy defects, purchaser may take remedial action at the supplier’s expense.

Contract duration and performance:

• Supplier must deliver goods and perform services according to the schedule prescribed in the contract.
• Delays must be promptly notified in writing to the purchaser, including the likely duration and cause.
• Purchaser may grant an extension of time, with or without penalties, ratified by a contract amendment.

Penalties and termination:

• Delays may result in penalties calculated at the current prime interest rate per day until actual delivery or performance.
• Purchaser may terminate the contract if delays persist, per GCC Clause 23.
• Termination for default may occur if the supplier fails to deliver goods/services or breaches other obligations.
• Purchaser may procure similar goods/services at the supplier’s expense if termination occurs.
• Restriction penalties may prohibit the supplier from doing business with the public sector for up to 10 years for corrupt or fraudulent practices.

Force majeure:

• Supplier is not liable for forfeiture of performance security, damages, or termination for default if delays result from an event of force majeure.
• Supplier must notify purchaser in writing of force majeure conditions and continue performance as far as reasonably practical.

Termination for insolvency:

• Purchaser may terminate the contract if the supplier becomes bankrupt or insolvent, without compensation to the supplier.

Settlement of disputes:

• Parties must attempt to resolve disputes amicably through mutual consultation.
• If unresolved after 30 days, either party may commence mediation.
• Disputes may be settled in a South African court of law if mediation fails.
• Parties must continue performing obligations under the contract during dispute resolution.

Limitation of liability:

• Supplier is not liable for indirect or consequential loss or damage, except in cases of criminal negligence, willful misconduct, or infringement of patent rights.
• Aggregate liability of the supplier shall not exceed the total contract price, except for the cost of repairing or replacing defective equipment.

Governing law and language:

• Contract shall be interpreted in accordance with South African laws.
• Contract and all correspondence must be written in English.

Notices:

• Written acceptance of a bid shall be posted by registered or certified mail.
• Other notices shall be posted by ordinary mail to the address provided in the bid.
• Time for performing any act after notice is reckoned from the date of posting.

Taxes and duties:

• Foreign suppliers are responsible for all taxes, duties, and levies imposed outside South Africa.
• Local suppliers are responsible for all taxes, duties, and levies incurred until delivery of goods to the purchaser.

Assignment and subcontracts:

• Supplier shall not assign obligations without the purchaser’s prior written consent.
• Supplier must notify purchaser in writing of all subcontracts awarded.
• Notification does not relieve the supplier from any liability or obligation under the contract.

Insurance:

• Goods supplied under the contract must be fully insured against loss or damage during manufacture, transportation, storage, and delivery.

Warranty:

• Supplier warrants that goods are new, unused, of the most recent models, and incorporate all recent improvements.
• Goods shall have no defects arising from design, materials, or workmanship under normal use.
• Warranty remains valid for 12 months after delivery or 18 months after shipment, whichever concludes earlier, unless specified otherwise in SCC.
• Supplier must repair or replace defective goods without cost to the purchaser upon notification.
• If supplier fails to remedy defects, purchaser may take remedial action at the supplier’s expense.

National Industrial Participation Programme (NIPP):

• Administered by the Department of Trade and Industry.
• Applies to contracts subject to NIP obligations.
• Bidders must comply with any NIPP requirements specified in the Special Conditions of Contract (SCC).

National Industrial Participation Programme (NIPP):

• Administered by the Department of Trade and Industry.
• Applies to contracts subject to NIP obligations.
• Bidders must comply with any NIPP requirements specified in the Special Conditions of Contract (SCC).

Contract duration and performance:

• Supplier must deliver goods and perform services according to the schedule prescribed in the contract.
• Delays must be promptly notified in writing to the purchaser, including the likely duration and cause.
• Purchaser may grant an extension of time, with or without penalties, ratified by a contract amendment.

Penalties and termination:

• Delays may result in penalties calculated at the current prime interest rate per day until actual delivery or performance.
• Purchaser may terminate the contract if delays persist, per GCC Clause 23.
• Termination for default may occur if the supplier fails to deliver goods/services or breaches other obligations.
• Purchaser may procure similar goods/services at the supplier’s expense if termination occurs.
• Restriction penalties may prohibit the supplier from doing business with the public sector for up to 10 years for corrupt or fraudulent practices.

Force majeure:

• Supplier is not liable for forfeiture of performance security, damages, or termination for default if delays result from an event of force majeure.
• Supplier must notify purchaser in writing of force majeure conditions and continue performance as far as reasonably practical.

Termination for insolvency:

• Purchaser may terminate the contract if the supplier becomes bankrupt or insolvent, without compensation to the supplier.

Settlement of disputes:

• Parties must attempt to resolve disputes amicably through mutual consultation.
• If unresolved after 30 days, either party may commence mediation.
• Disputes may be settled in a South African court of law if mediation fails.
• Parties must continue performing obligations under the contract during dispute resolution.

Limitation of liability:

• Supplier is not liable for indirect or consequential loss or damage, except in cases of criminal negligence, willful misconduct, or infringement of patent rights.
• Aggregate liability of the supplier shall not exceed the total contract price, except for the cost of repairing or replacing defective equipment.

Governing law and language:

• Contract shall be interpreted in accordance with South African laws.
• Contract and all correspondence must be written in English.

Notices:

• Written acceptance of a bid shall be posted by registered or certified mail.
• Other notices shall be posted by ordinary mail to the address provided in the bid.
• Time for performing any act after notice is reckoned from the date of posting.

Taxes and duties:

• Foreign suppliers are responsible for all taxes, duties, and levies imposed outside South Africa.
• Local suppliers are responsible for all taxes, duties, and levies incurred until delivery of goods to the purchaser.

Assignment and subcontracts:

• Supplier shall not assign obligations without the purchaser’s prior written consent.
• Supplier must notify purchaser in writing of all subcontracts awarded.
• Notification does not relieve the supplier from any liability or obligation under the contract.

Insurance:

• Goods supplied under the contract must be fully insured against loss or damage during manufacture, transportation, storage, and delivery.

Warranty:

• Supplier warrants that goods are new, unused, of the most recent models, and incorporate all recent improvements.
• Goods shall have no defects arising from design, materials, or workmanship under normal use.
• Warranty remains valid for 12 months after delivery or 18 months after shipment, whichever concludes earlier, unless specified otherwise in SCC.
• Supplier must repair or replace defective goods without cost to the purchaser upon notification.
• If supplier fails to remedy defects, purchaser may take remedial action at the supplier’s expense.

This tender requires the submission of the SBD 6.1 Preference Points Claim Form as part of the bid. The form is used to claim points for specific goals under the Preferential Procurement Regulations, 2022. It must be completed in accordance with the general conditions and definitions provided in the tender documents.